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[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Proposed Rules]
[Pages 297-300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30504]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 7, 11, 12, and 39

[FAR Case 2019-014, Docket No. FAR-2019-0014, Sequence No. 1]
RIN 9000-AN97

Federal Acquisition Regulation: Strengthening America's 
Cybersecurity Workforce

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to incorporate a framework for describing 
cybersecurity workforce knowledge and skill requirements used in 
contracts for information technology support services and cybersecurity 
support services in line with an Executive Order to enhance the 
cybersecurity workforce.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at the address shown below on or before 
March 4, 2025 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FAR Case 2019-014 to the 
Federal eRulemaking portal at https://www.regulations.gov by searching 
for ``FAR Case 2019-014''. Select the link ``Comment Now'' that 
corresponds with ``FAR Case 2019-014''. Follow the instructions 
provided on the ``Comment Now'' screen. Please include your name, 
company name (if any), and ``FAR Case 2019-014'' on your attached 
document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR 
FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    Instructions: Please submit comments only and cite ``FAR Case 2019-
014'' in all correspondence related to this case. Comments received 
generally will be posted without change to https://www.regulations.gov, 
including any personal and/or business confidential information 
provided. Public comments may be submitted as an individual, as an 
organization, or anonymously (see frequently asked questions at https://www.regulations.gov/faq). To confirm receipt of your comment(s), 
please check https://www.regulations.gov, approximately two to three 
days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Malissa Jones, Procurement Analyst, at 571-882-4687 or by email at 
[email protected]. For information pertaining to status, 
publication schedules, or alternate instructions for submitting 
comments if https://www.regulations.gov cannot be used, contact the 
Regulatory Secretariat at 202-501-4755 or [email protected]. Please 
cite ``FAR Case 2019-014.''

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are proposing to revise the FAR to incorporate 
the NICE Workforce Framework for Cybersecurity (NICE Framework), 
National Institute of Standards and Technology (NIST) Special 
Publication 800-181 and additional tools to implement it at https://www.nist.gov/nice/framework, for describing workforce knowledge and 
skill requirements used in contracts for information technology support 
services and cybersecurity support services in line with Executive 
Order (E.O.) 13870, America's Cybersecurity Workforce. E.O. 13870 
requires agencies to incorporate the NICE Framework, NIST Special 
Publication 800-181 into workforce knowledge and skill requirements 
used in contracts for information technology and cybersecurity 
services. DoD, GSA, and NASA are proposing to revise the FAR to ensure 
that when acquiring information technology support services or 
cybersecurity support services, agencies describe the cybersecurity 
workforce tasks, knowledge, skills, and work roles to align with the 
NICE Framework.
    The NICE Framework is a nationally focused resource that 
categorizes and describes cybersecurity work. The NICE Framework 
establishes a common language that defines and categorizes 
cybersecurity competency areas and work roles, including the knowledge

[[Page 298]]

and skills needed to complete tasks in those roles. It is a fundamental 
resource in the development and support of a prepared and effective 
cybersecurity workforce that enables consistent organizational and 
sector communication for cybersecurity education, training, and 
workforce development. The NICE Framework is intended to be applied in 
the public, private, and academic sectors to grow the cybersecurity 
capability of the U.S. Government, increase integration of the Federal 
cybersecurity workforce, and strengthen the skills of Federal 
information technology and cybersecurity practitioners.

II. Discussion and Analysis

    DoD, GSA, and NASA are proposing to amend the FAR to define terms 
that are referenced. As such, this rule proposes to amend FAR 2.101 by 
adding a definition for ``cybersecurity'' and a definition for the 
``NICE Workforce Framework for Cybersecurity (NICE Framework)''. 
Previously known as the ``National Initiative for Cybersecurity 
Education,'' NICE is now known only by its acronym.
    For the acquisition of information technology support services 
(e.g., backup and recovery services and technical support) or 
cybersecurity support services (e.g., threat analysis, vulnerability 
analysis, and digital forensics), the proposed rule implements the 
following requirements to ensure agencies include the cybersecurity 
workforce tasks, knowledge, skills, and work roles to align with the 
NICE Framework in contracts:
     FAR 7.105 is amended to require that agency acquisition 
plans for the acquisition of information technology support services or 
cybersecurity support services describe any cybersecurity workforce 
tasks, knowledge, skills, and work roles to align with the NICE 
Framework.
     FAR 11.002 is amended to require that cybersecurity 
workforce tasks, knowledge, skills, and work roles described in agency 
requirements documents align with the NICE Framework. Agencies shall 
also require offers, quotes, and reporting requirements (e.g., 
contractor deliverables) to align with the NICE Framework.
     FAR 12.202 is amended to require, for the acquisition of 
commercial products and commercial services, compliance with the 
direction at FAR 11.002 for incorporating the NICE Framework in 
requirements documents.
     FAR 39.104 is amended to reference, for information 
technology support services and cybersecurity support services, the 
direction at FAR 11.002 for incorporating the NICE Framework in 
requirements documents.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Products (Including Commercially 
Available Off-the-Shelf (COTS) Items) or for Commercial Services

    This rule does not create new solicitation provisions or contract 
clauses or impact any existing provisions or clauses.

IV. Expected Impact of the Rule

A. Requirement

    This proposed rule implements requirements for agencies procuring 
information technology support services and cybersecurity support 
services to provide--
    (1) The cybersecurity workforce tasks, knowledge, skills, and work 
roles to align with the NICE Framework in their acquisition plans as a 
security consideration;
    (2) A description, in the requirements documents, of the 
cybersecurity workforce tasks, knowledge, skills, and work roles to 
align with the NICE Framework; and,
    (3) Requirements for offers, quotes, and reporting requirements 
(e.g., contract deliverables) to align with the NICE Framework.

B. Impact

    Government. This rule will require agencies to become familiar with 
the NICE Framework provided in NIST Special Publication 800-181 and 
additional tools to implement it at https://www.nist.gov/nice/framework 
in order to describe the cybersecurity workforce tasks, knowledge, 
skills, and work roles when procuring information technology support 
services and cybersecurity support services. Agencies are expected to 
verify that offers, quotes, and reporting requirements (e.g., contract 
deliverables) align with the NICE Framework. It is expected that this 
will take place as a part of the Government's existing acquisition 
process.
    Public. This rule does not add any new information collection or 
additional requirements for contractors. This rule requires contractors 
to ensure contract deliverables are consistent with the NICE Framework 
when specified for the acquisition of information technology support 
services and cybersecurity support services.
    Regulatory familiarization. It is expected that contractors 
providing information technology support services and cybersecurity 
support services will be required to become familiar with the NICE 
Framework (NIST Special Publication 800-181 and additional tools to 
implement it at https://www.nist.gov/nice/framework) which is estimated 
to take 20 hours. Contractors may be required to update their policies 
and procedures to comply with the NICE Framework requirements for 
acquisitions of information technology support services and 
cybersecurity support services. The cost to the public associated with 
this rule is not expected to be significant because it is limited to 
the cost of regulatory familiarization and the application of its 
requirements to offers and quotes for information technology support 
services and cybersecurity support services.
    Based on data from the Federal Procurement Data System (FPDS) for 
fiscal years (FY) 2021, 2022, and 2023, there was an average of 5,468 
unique entities that were awarded contracts for information technology 
services, of which 64 percent (3,490) are unique small entities. 
Considering this information, the Government assumes that approximately 
50 percent of the unique entities may be awarded a contract for 
information technology support services or cybersecurity support 
services. Therefore, it is estimated that 2,734 entities, of which 
1,745 are unique small entities, would need to ensure that the contract 
deliverables submitted to the Government, are consistent with the NICE 
Framework. The Government has no way to estimate the number of entities 
awarded non-information technology services awards that contain some 
information technology support services requirements or cybersecurity 
support services requirements.

V. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563 
direct agencies to assess the costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). E.O. 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule is not a significant 
regulatory action and, therefore, was not subject to review under 
section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993.

[[Page 299]]

VI. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this proposed rule, if finalized, 
to have a significant economic impact on a substantial number of small 
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 
601-612. However, an Initial Regulatory Flexibility Analysis (IRFA) has 
been performed and is as follows:

    1. Reasons for the action.
    The reason for this proposed rule is to revise the Federal 
Acquisition Regulation (FAR) to incorporate the NICE Workforce 
Framework for Cybersecurity (NICE Framework), National Institute of 
Standards and Technology (NIST) Special Publication 800-181 for 
describing workforce knowledge and skill requirements used in 
contracts for information technology support services and 
cybersecurity support services in line with Executive Order (E.O.) 
13870, America's Cybersecurity Workforce. E.O. 13870 directs 
agencies to incorporate the NICE Framework lexicon and taxonomy into 
workforce knowledge and skill requirements used in contracts for 
information technology and cybersecurity services.
    2. Objectives of, and legal basis for, the rule.
    The objective of this rule is to strengthen the cybersecurity 
workforce on Federal contracts by incorporating the cybersecurity 
workforce tasks, knowledge, skills, and work roles into requirements 
to align with the NICE Framework (NIST SP 800-181 and additional 
tools to implement it at https://www.nist.gov/nice/framework).
    The rule proposes to amend FAR 7.105 to add the NICE Framework 
to the list of security considerations analyzed during acquisition 
planning for information technology support services and 
cybersecurity support services. The proposed rule also includes 
amendments to FAR 11.002 to require agencies to provide workforce 
knowledge and skill requirements and contract deliverables that are 
consistent with the NICE Framework in their requirements 
documentation.
    The legal basis for the rule is E.O. 13870, America's 
Cybersecurity Workforce. Promulgation of the FAR is authorized by 40 
U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy 
provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
    3. Description of and an estimate of the number of small 
entities to which the rule will apply.
    Based on data from the Federal Procurement Data System (FPDS) 
for fiscal years (FY) 2021, 2022, and 2023, there was an average of 
5,468 unique entities that were awarded contracts for information 
technology services, of which 64 percent (3,490) are unique small 
entities. Considering this information, the Government assumes that 
approximately 50 percent of the unique entities may be awarded a 
contract for information technology support services or 
cybersecurity support services. Therefore, it is estimated that 
2,734 entities, of which 1,745 are unique small entities, would need 
to ensure that the contract deliverables submitted to the Government 
are consistent with the NICE Framework. The Government has no way to 
estimate the number of entities awarded non-information technology 
services awards that contain some information technology support 
services requirements or cybersecurity support services 
requirements.
    4. Description of projected reporting, recordkeeping, and other 
compliance requirements of the rule.
    There are no reporting, recordkeeping, or other compliance 
requirements in this rule.
    5. Relevant Federal rules which may duplicate, overlap, or 
conflict with the rule.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    6. Description of any significant alternatives to the rule which 
accomplish the stated objectives of applicable statutes and which 
minimize any significant economic impact of the rule on small 
entities.
    DoD, GSA, and NASA were unable to identify any alternatives that 
would reduce the burden on small entities and still meet the 
objectives of E.O. 13870.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact of this proposed rule on 
small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C 610 (FAR Case 2019-014), in 
correspondence

VII. Paperwork Reduction Act

    This rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. 3501-3521).

List of Subjects in 48 CFR Parts 2, 7, 11, 12, and 39

    Government Procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 7, 
11, 12, and 39 as set forth below:

0
1. The authority citation for 48 CFR parts 2, 7, 11, 12, and 39 
continues to read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. 
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 
20113.

PART 2--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 2.101 by adding in alphabetical order the definitions 
``Cybersecurity'' and ``NICE Workforce Framework for Cybersecurity 
(NICE Framework)''.

2.101  Definitions.

* * * * *
    Cybersecurity means prevention of damage to, protection of, and 
restoration of computers, electronic communications systems, electronic 
communications services, wire communication, and electronic 
communication, including information contained therein, to ensure its 
availability, integrity, authentication, confidentiality, and 
nonrepudiation (see National Security Presidential Directive/NSPD-54, 
Homeland Security Presidential Directive/HSPD-23.)
* * * * *
    NICE Workforce Framework for Cybersecurity (NICE Framework) means a 
common language for describing cybersecurity work which expresses the 
work as task statements and includes knowledge and skill statements 
that provide a foundation for learners including students, job seekers, 
and employees (see National Institute of Standards and Technology 
Special Publication 800-181 and additional tools to implement it at 
https://www.nist.gov/nice/framework).

PART 7--ACQUISITION PLANNING

0
3. Amend section 7.105 by revising paragraph (b)(18)(ii) to read as 
follows.

7.105  Contents of written acquisition plans.

* * * * *
    (b) * * *
    (18) * * *
    (ii)(A) For information technology acquisitions, discuss how agency 
information security requirements will be met.
    (B) For the acquisition of information technology support services 
or cybersecurity support services, describe any cybersecurity workforce 
tasks, knowledge, skills, and work roles to align with the NICE 
Workforce Framework for Cybersecurity (NICE Framework) (National 
Institute of Standards and Technology Special Publication 800-181 and 
additional tools to implement it at https://www.nist.gov/nice/framework) in effect at the time the solicitation is issued (see 
11.002(i)).

[[Page 300]]

PART 11--DESCRIBING AGENCY NEEDS

0
4. Amend section 11.002 by adding paragraph (i) to read as follows:

11.002  Policy.

* * * * *
    (i) Agencies shall procure information technology support services 
and cybersecurity support services in accordance with section 39.104. 
Agencies shall--
    (1) Ensure any cybersecurity workforce tasks, knowledge, skills, 
and work roles described in the requirements documents are aligned with 
the NICE Workforce Framework for Cybersecurity (NICE Framework) 
(National Institute of Standards and Technology Special Publication 
800-181 and additional tools to implement it at https://www.nist.gov/nice/framework) in effect at the time the solicitation is issued; and
    (2) Require any offers, quotes, and reporting requirements (e.g., 
contract deliverables) to align with the NICE Framework in effect at 
the time of the solicitation.

PART 12--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

0
5. Amend section 12.202 by adding paragraph (f) to read as follows:

12.202  Market research and description of agency need.

* * * * *
    (f) When acquiring information technology support services or 
cybersecurity support services, requirements documents shall describe 
any cybersecurity workforce tasks, knowledge, skills, and work roles to 
align with the NICE Workforce Framework for Cybersecurity (NICE 
Framework) (see NIST Special Publication 800-181 and additional tools 
to implement it at https://www.nist.gov/nice/framework) in effect at 
the time the solicitation is issued (see 11.002(i) and 39.104(b)).

PART 39--ACQUISITION OF INFORMATION TECHNOLOGY

0
6. Revise section 39.104 to read as follows:

39.104  Information technology services.

    (a) When acquiring information technology services, solicitations 
must not describe any minimum experience or educational requirement for 
proposed contractor personnel unless the contracting officer determines 
that the needs of the agency--
    (1) Cannot be met without that requirement; or
    (2) Require the use of other than a performance-based acquisition 
(see subpart 37.6).
    (b) When acquiring information technology support services (e.g., 
backup and recovery services, technical support) or cybersecurity 
support services (e.g., threat analysis, vulnerability analysis, 
digital forensics), which are a subset of information technology 
services, agencies must--
    (1) Ensure any cybersecurity workforce tasks, knowledge, skills, 
and work role requirements align with the NICE Workforce Framework for 
Cybersecurity (NICE Framework) (National Institute of Standards and 
Technology Special Publication 800-181 and additional tools to 
implement it at https://www.nist.gov/nice/framework) in effect at the 
time the solicitation is issued (see 11.002(i)); and
    (2) Ensure any cybersecurity workforce tasks, knowledge, skills, 
and work role requirements comply with paragraph (a) of this section.

[FR Doc. 2024-30504 Filed 1-2-25; 8:45 am]
BILLING CODE 6820-EP-P
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